Maryland Code, EDUCATION 3-5B-01
Terms Used In Maryland Code, EDUCATION 3-5B-01
- County: means a county of the State or Baltimore City. See
- de novo: means judicial review based on an administrative record and any additional evidence that would be authorized by § 10-222(f) and (g) of the State Government Article. See
- Executive session: A portion of the Senate's daily session in which it considers executive business.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(1) Seven members elected from the county at large; and
(2) One nonvoting student member.
(b) (1) A candidate elected to the county board shall be a resident and registered voter of Frederick County.
(2) Any member who no longer resides in the county may not continue as a member of the board.
(c) (1) A voting member serves for a term of 4 years beginning the first Tuesday in December after the member’s election and until a successor is elected and qualifies.
(2) Voting members of the Frederick County Board shall be elected as follows:
(i) Three members of the county board shall be elected in the November general election of 2000 and every 4 years thereafter; and
(ii) Four members of the county board shall be elected in the November general election of 2002 and every 4 years thereafter.
(d) (1) The terms of voting members are staggered as provided in subsection (c) of this section.
(2) If there is a vacancy by an elected member of the county board occurring 30 days or less before the candidate registration deadline for the next primary election, the County Executive shall appoint, subject to confirmation of the County Council, a qualified individual to fill the vacancy on the county board for the remainder of that term and until a successor is elected in accordance with paragraph (4)(i) of this subsection and qualifies.
(3) If there is a vacancy by an elected member of the county board occurring more than 30 days before the candidate registration deadline for the next primary election following the vacating member’s election:
(i) The County Executive shall appoint, subject to confirmation of the County Council, a qualified individual to temporarily fill the vacancy on the county board who shall serve until a qualified individual is elected in accordance with paragraph (4)(ii) of this subsection; and
(ii) The individual elected under item (i) of this paragraph shall serve for the remainder of that term until a successor is elected and qualifies.
(4) At a general election, vacancies shall be filled as follows:
(i) The candidates with the highest vote totals shall first fill any vacant positions for a full term of 4 years; and
(ii) After all vacant positions for a full term of 4 years are filled, the candidate with the next highest vote total shall fill the position for which a successor was appointed under paragraph (3) of this subsection and serve the remainder of that term.
(5) Candidates for a vacated office may be nominated at a primary election in the same manner as any other position on the county board.
(e) (1) The student member shall:
(i) Be an eleventh or twelfth grade student in the Frederick County public school system elected by the high school students of the county in accordance with procedures established by the school system;
(ii) Serve for 1 year beginning on July 1 after the election of the member;
(iii) Be a nonvoting member; and
(iv) Advise the county board on the thoughts and feelings of students.
(2) Unless invited to attend by an affirmative vote of a majority of the county board, the student member may not attend an executive session.
(f) (1) The State Board may remove a voting member of the county board for:
(i) Immorality;
(ii) Misconduct in office;
(iii) Incompetency; or
(iv) Willful neglect of duty.
(2) Before removing a voting member, the State Board shall send the member a copy of the charges against the member and give the member an opportunity within 10 days to request a hearing.
(3) If the voting member requests a hearing within the 10-day period:
(i) The State Board promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Board sends the voting member a notice of the hearing; and
(ii) The voting member shall have an opportunity to be heard publicly before the State Board in the member’s own defense, in person or by counsel.
(4) A voting member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Frederick County.